SECTION 2. WHAT — Internal Revenue Bulletin 1999-1

CHANGES HAVE BEEN MADE TO THIS PROCEDURE?

In general .01 This revenue procedure is a general update of Rev. Proc. 98–6, 1998–1 I.R.B. 183, which contains the Service’s general procedures for employee plans determination letter requests. Most of the changes to Rev. Proc. 98–6 involve minor revisions, such as updating citations to other revenue procedures.

Areas in which determination .02 Section 3.03 of Rev. Proc. 98–6 provided that, until further notice, the Service would letters will not be issued not consider changes to the qualification requirements made by the Uruguay Round modified to reflect Rev. Agreements Act, Pub. L. 103–465 (GATT), the Small Business Job Protection Act of Proc. 98–14 and Rev. 1996, Pub. L. 104–188 (SBJPA), or the Taxpayer Relief Act of 1997, Pub. L. 105–34 Proc. 98–53 (TRA ’97), in making a determination of a plan’s qualified status, except with respect to terminating plans. Rev. Proc. 98–14, 1998–4 I.R.B. 22, as modified by Rev. Proc. 98–53, 1998–40 I.R.B. 9, provides generally that, unless otherwise elected by the applicant, applications for determination letters that are filed on or after April 27, 1998, will be reviewed by the Service taking into account the changes to the qualification requirements made by GATT and TRA ’97, as well as those changes made by SBJPA that are effective before the first day of the first plan year beginning on or after January 1, 1999. Section 3.03 of this revenue procedure has therefore been modified to reflect Rev. Proc. 98–14 and Rev. Proc. 98–53.

Volume submitters .03 Section 9.05 of Rev. Proc. 98–6 prohibited the use of an adoption agreement format in volume submitter plans since this format is available under the regional prototype plan program. The Service has been advised that certain volume submitter practitioners who have in the past used an adoption agreement format in their specimen plans wish to continue to do so while being allowed to remain in the volume submitter program. Therefore, in section 9.05 of this revenue procedure, the prohibition against the use of an adoption agreement format in volume submitter plans has been deleted.

Right to status conference .04 The right to a status conference with the key district director is being made available to any applicant for a determination letter who has an application pending at least 270 days. See section 6.19 and 6.20 of this revenue procedure